Current through 2024-38, September 18, 2024
A.
Projects Requiring Multiple
Application Submittals Under this Chapter
If a Part 70 source is applying simultaneously for the
renewal of a Part 70 license and amendments or multiple amendments under more
than one section of this Chapter, the source may submit one application
covering all required information for each relevant section.
B.
Required Application Form and
Additional Information
The application shall include an application form prescribed
by the Department and additional information required by the Department, unless
otherwise specified by this Chapter. The application may not omit information
needed to determine the applicability of or to impose any Applicable or state
requirement, or to evaluate the fee amount. An application for a license
modification need supply only that information related to the proposed
amendment. The application form and the additional required information shall
include, but is not limited to, the following elements:
(1) Identifying information, including
company name and physical address, responsible official's name and contact
information, and names and contact information of the on-site
manager/contact;
(2) Identification
and description of the source's processes and products by North American
Industry Classification System (NAICS) Code, including any processes or
products associated with each alternative operating scenario identified by the
applicant;
(3) Any insignificant
activities that must be listed in the application as specified in Appendix B of
this Chapter;
(4) The following
emissions related information for units and activities that are not specified
as insignificant in Appendix B of this Chapter:
(a) All emissions of air pollutants for which
the Part 70 source is defined as a Part 70 major source and all emissions of
regulated pollutants, including fugitive emissions to the extent
quantifiable;
(b) Any additional
emissions-related information necessary to verify which requirements are
applicable to the source or to calculate Part 70 license fees;
(c) Identification and description of all
points of emissions described in (a) and (b) above in sufficient detail to
establish applicability of requirements of the CAA and state
regulations;
(d) Emission rates in
tons per year (tpy) and in such terms as are necessary to establish compliance
consistent with the applicable EPA standard reference test method and
compliance consistent with the applicable emission limit;
(e) The following information to the extent
it is needed to determine or regulate emissions: fuel types, fuel use, raw
materials, production rates, and operating schedules;
(f) Identification and description of air
pollution control equipment and compliance monitoring devices or
activities;
(g) Limitations on
source operation affecting emissions, or any work practice standards, where
applicable, for all regulated pollutants at the Part 70 source;
(h) Other information required by any
Applicable requirement or state requirement; and
(i) Calculations used as the basis for
emissions-related information.
(5) The following air pollution control
requirements:
(a) Citation and description of
all Applicable requirements;
(b)
Citation and description of all state requirements; and
(c) Description of or reference to any
applicable test method for determining compliance with each Applicable
requirement and state requirement;
(6) Other specific information that may be
necessary to implement and enforce other Applicable requirements of the CAA,
this Chapter or state requirements or to determine the applicability of such
requirements.
(7) An explanation of
any proposed exemptions from otherwise Applicable requirements and state
requirements;
(8) Additional
information as determined to be necessary by the Department to define
alternative operating scenarios identified by the applicant or to define terms
and conditions in the Part 70 license allowing intrafacility emission trading
which are under the allowable emissions in the Part 70 license;
(9) A description of the source category or
categories which are applicable to the source, HAP emissions unit(s) requiring
HAP emission limitations, and whether the HAP emissions unit(s) require a
Maximum Achievable Control Technology emission limitation (MACT) for an
existing or new Part 70 HAP source;
(10) If required by the Department, proposed
monitoring, modeling, testing, recordkeeping and reporting protocols, the
results of previously performed in-stack monitoring, and results of previously
performed stack testing.
(11) A
compliance plan that includes the following information:
(a) A description of the compliance status of
the Part 70 source with respect to all Applicable requirements and state
requirements;
(b) A statement that
the Part 70 source will continue to comply with any Applicable requirements and
state requirements with which it is in compliance;
(c) A statement that the Part 70 source will
meet on a timely basis any Applicable requirements and state requirements that
will become effective during the Part 70 license period, unless a more detailed
schedule is expressly required by the Applicable requirement;
(d) For Part 70 sources out of compliance at
the time of issuance of the Part 70 license:
(i) A narrative description of how the Part
70 source will achieve compliance with all Applicable requirements and state
requirements; and
(ii) A compliance
schedule for achieving compliance that includes remedial measures, including an
enforceable sequence of actions with milestones, leading to compliance with any
Applicable requirements and state requirements for which the Part 70 source
will be in noncompliance at the time of the Part 70 license issuance. The
compliance schedule shall resemble and be at least as stringent as that
contained in any judicial consent decree or administrative order to which the
Part 70 source is subject. Any such schedule of compliance shall be
supplemental to, and shall not sanction noncompliance with, the Applicable
requirements and state requirements on which it is based; and
(e) For Part 70 sources required
to have a schedule of compliance to remedy a violation, a schedule for
submission of certified progress reports to be submitted at least once every
six months from the date of issuance of the Part 70 license;
(12) A compliance certification
that includes the following information:
(a) A
certification of compliance with all Applicable requirements and state
requirements by a responsible official consistent with subsection 2(C) of this
Chapter and Section 114(a) (3) of the CAA;
(b) A statement of methods used for
determining compliance, including a description of monitoring, recordkeeping,
and reporting requirements and test methods;
(c) A schedule for submission of compliance
certifications during the Part 70 license term, to be submitted at least once
every 12 months from the date of issuance of the Part 70 license, or more
frequently if specified by the Department or an underlying Applicable
requirement;
(d) A statement
indicating the source's compliance status with any applicable enhanced
monitoring and compliance certification requirements of the CAA; and
(e) Such other facts or information that the
Department may require to determine the compliance status of the Part 70
source;
(13) If required
by the Department, results of meteorology or air quality monitoring including
an analysis of meteorological and topographical data necessary to evaluate the
air quality impact pursuant to Section 14 of this Chapter.; and
(14) If the Department determines that any
regulated pollutant from an existing source has or will have a significant
impact, a description of the factors used in the ambient air quality impact
analysis pursuant to Section 14 of this Chapter.
C.
Certification by Responsible
Official
All application forms, reports, and compliance certifications
submitted to the Department shall contain a certification of truth, accuracy
and completeness with the signature and printed name of the responsible
official (see Definitions Regulation, 06-096 C.M.R. ch. 100).
The signature must either be an original wet-ink signature or an electronic
signature that complies with 40 C.F.R. Part 3. The signatory statement shall
make the following certification:
"I certify under penalty of law that, based on information
and belief formed after reasonable inquiry, I believe the information included
in the attached document is true, complete, and accurate."
Upon becoming aware that incorrect information was submitted
or relevant facts should have been but were not submitted, the responsible
official must provide the Department with the corrected information or
supplementary facts.
D.
Public Notice of Intent to File
(1) Any applicant for a renewal of a Part 70
license, an initial Part 70 license, or a Part 70 license transfer must publish
a public notice of Intent to File at the applicant's expense within the 30 days
prior to filing an application. This notice shall be published once in the
public notice section of a newspaper of general circulation in the region in
which the source would be located. In addition, a copy of the application shall
be made available at the municipal office of the municipality(ies) where the
source is located. A copy of the notice from the paper must be submitted with
the application. Applications for administrative revisions, Section 502(b) (10)
changes, Part 70 Minor License Modifications, and Part 70 Significant License
Modifications do not require publication of a public notice. The Public Notice
of Intent to File must include the following information:
(a) Name, address, and telephone number of
the applicant;
(b) Citation of the
statutes or rules under which the application is being processed;
(c) Location of the proposed
action;
(d) Summary of the proposed
action;
(e) Anticipated date for
filing the application with the Department;
(f) A statement that public requests for
either of the following must be submitted to the Department in writing no later
than 20 days after the application is accepted as complete for processing:
(i) for the Board of Environmental Protection
to assume jurisdiction over the application; or
(ii) for a public hearing on the
application;
(g) A
statement of the name, address, and phone number of the Department contact
person;
(h) A statement providing
the local filing location where the application can be examined; and
(i) Any other information required by rule or
law.
NOTE: A Public Notice of Intent to File template is available
from the Department.
(2) An applicant must publish a Public Notice
of Intent to File for a resubmitted application that was originally deemed
incomplete by the Department.
(3)
After an application has been filed, if the Department determines that the
applicant submits significant new or additional information or substantially
modifies its application at any time after acceptance of the application as
complete, the applicant shall provide additional notice to interested persons
who have commented on that application. The Department may also require
additional public notice and may extend the time to submit requests for a
public hearing or for the Board to assume jurisdiction.
(4) At the Department's discretion, a Public
Notice of Intent to File may be published on the Department's website in lieu
of the notice required by Section 2(D)(1). Such electronic notification must
contain the same information as is required by Section 2(D)(1).
E.
Application Acceptability
and Completeness
(1)
General. Within 15 working days of receipt of any application, the
Department will determine the completeness of an application and will notify
the applicant in writing of the official date on which the application was
accepted as complete for processing; or notify the applicant in writing of the
reasons why the application was not accepted as complete. If the Department
does not mail notice to the applicant of acceptance or rejection of the
application within 15 working days, the application will be deemed accepted as
complete for processing on the 16th working
day.
(2)
Criteria for
Completeness. An application will be deemed complete when all of the
relevant information and other data required by the Department to evaluate the
application and to allow the Department to begin processing the application are
submitted. In addition, for completeness determination the certification by the
Responsible Official and proof of publication of the Public Notice of Intent to
File must be included as part of the application submittal.
F.
Application
Submittal
Applications must be filed with the Bureau of Air Quality,
Department of Environmental Protection, 17 State House Station, Augusta, ME
04333-0017 or other address as directed by the Department.
G.
Authority to Request Additional
Information.
The Department's determination that an application is
accepted as complete for processing is not a review of the sufficiency of that
information and does not preclude the Department from requesting additional
information. Additional information needed to process the application may be
requested in writing by the Department and shall be provided by the applicant
within the deadline specified by the Department.
If the applicant fails to submit the requested information by
the deadline specified or as otherwise agreed in writing by the Department, the
Department may deny the license. Thirty (30) days prior to having the license
denied, the Department shall provide written notice to the applicant including
a list of the required information which must be submitted by the specified
date in order to prevent the denial. A person may reapply at any time after the
license is denied. The reapplication shall meet all requirements of a complete
initial license application, including any required license fee.
The applicant must provide additional information as
necessary to address any requirement that becomes applicable to the Part 70
source after the date the source filed a complete application, but prior to
release of the Part 70 draft license.
H.
Procedures for Timely License
Processing and License Denials
(1) The
requirements of 38 M.R.S. §344 governs the processing of applications
under this Chapter. In no case will the processing times be longer than 18
months from the date the renewal application is deemed complete.
(2) Upon the denial of any license, the
Department will provide the applicant a written statement of the grounds of the
denial.
I.
Permit
Shield
(1) Except as provided in this
Chapter, the Department will include in the Part 70 license a provision stating
that compliance with the conditions of the Part 70 license will be deemed in
compliance with any Applicable requirements and state requirements as of the
date of license issuance, provided that:
(a)
Such Applicable and state requirements are included and are specifically
identified in the Part 70 license, except where the Part 70 license term or
condition is specifically identified as not having a permit shield;
or
(b) The Department, in acting on
the Part 70 license application or revision, determines in writing that other
requirements specifically identified are not applicable to the source, and the
Part 70 license includes the determination or a concise summary,
thereof.
(2) Nothing in
this section or any Part 70 license alters or affects the following:
(a) The provisions of Section 303 of the CAA
(emergency orders), including the authority of EPA under Section 303;
(b) The liability of an owner or operator of
a source for any violation of Applicable requirements prior to or at the time
of license issuance; or
(c) The
ability of EPA to obtain information from a source pursuant to Section 114 of
the CAA.
J.
Operational Flexibility
The following changes are allowed without requiring a license
amendment:
(1) Changes that must be
addressed by the Part 70 license, are not Title I modifications or
modifications or reconstructions under any provision of Section 111 or 112 of
the CAA, and do not exceed the emissions allowable under the Part 70 license.
These changes may include the following:
(a)
Intrafacility emission trading, as specified in this Chapter;
(b) Alternative operating scenarios which are
specifically identified in the Part 70 license; or
(c) Operational flexibility provided for in
the Part 70 license.
(2)
Off-License Changes. Off-license changes that are not addressed or
prohibited in the Part 70 license shall meet all Applicable requirements, shall
not violate any existing permit term or condition, and are the following:
(a) A change at Part 70 source for which the
applicant has received written Departmental confirmation that the change does
not require a license amendment. The licensee shall keep a record describing
the changes made under this section. Department approved changes are not
eligible for the permit shield; or
(b) The modification of an insignificant
activity that can still be qualified as such after the modification.
K.
Public and
Affected States Draft Notification
Except for Part 70 Administrative Revisions, Part 70 Minor
License Modifications, Part 70 License Transfers, and Section 502(b)(10)
Changes, a public comment period will be held on the Part 70 draft license or
draft amendment, as follows:
(1) The
applicant shall provide a copy of the Part 70 draft license or draft amendment
and the application for Part 70 license, including any supporting documentation
and any subsequent amendments to the application, to the municipal clerk of the
municipality where the source is located, or, if the project is in an
unorganized area, to the county commissioners. This material will also be
available for public review by contacting the Department's Augusta office. This
material must be on file for public comment for 30 calendar days.
(2) The Department will provide a copy of the
Part 70 draft license to affected states on or before the date that the Draft
Availability Notice is published.
(3) Draft Availability Notice. A Draft
Availability Notice shall be published by the applicant or at the applicant's
expense, once in the public notice section of a newspaper of general
circulation in the region in which the source would be located. The Draft
Availability Notice shall include:
(a) the
name, address, and telephone number of the applicant;
(b) a citation of the statutes or rules under
which the application is being processed;
(c) the location of the proposed
action;
(d) a summary of the
proposed action including the emissions change involved in any proposed license
modification;
(e) a statement of
the availability of the application and supporting documents and the
Department's preliminary determination in the form of a Part 70 draft
license;
(f) a statement of the
public's right to provide written public comment or to request a public
hearing, with the mailing address of the Department;
(g) the date, place, and time a public
meeting may be held, if requested within 15 calendar days from the date upon
which the notice is published. The date the public meeting is scheduled shall
be no sooner than 30 calendar days after the date the notice is published;
and
(h) name, address, and phone
number of a Department contact from whom interested parties may obtain
additional information, including copies of the draft license application and
all relevant supporting materials.
NOTE: A Draft Availability Notice template is available from
the Department.
(4) At the Department's discretion, a Draft
Availability Notice may be published on the Department's website in lieu of the
notice required by Section 2(K)(3). Such electronic notification must contain
the same information as is required by Section 2(K)(3).
(5) The Department will provide a copy of the
notice to all persons on a mailing list developed by the Department who
requested to be notified about license actions at the licensed facility and by
any other means the Department finds necessary to assure adequate notice to the
public.
(6) For any Department
action subject to this subsection, any person may request in writing that the
Department hold a public meeting. The written request shall state the nature of
the issues to be raised at a public meeting. If the Department's Augusta office
receives a written request for a public meeting within 15 calendar days from
the date upon which the notice is published which raises a material issue, a
public meeting will be held on the date and time as identified in the public
notice. Whenever the Department holds a public meeting, the duration of the
public comment period may be extended to the close of the public meeting or
extended to a later date announced at the public meeting, at the Department's
discretion.
(7) The Department will
receive comment for at least 30 calendar days, beginning after the day on which
the Draft Availability Notice is published or after the last day on which all
of the persons in this section are mailed notice, whichever is later.
(8) The Department will consider and keep
records of all analyses and all written comments received during the public
comment period and all comments received at any public meeting or public
hearing in making a final decision on the approvability of the Part 70 draft
license.
(9) The Department will
notify any affected state and EPA, in writing, of any refusal to incorporate
into the Part 70 draft license any recommendations that the affected state
submitted during the affected state review period. This notice shall include
the Department's reasons for not accepting any such recommendations.
(10) The Department will provide a statement
that sets forth the legal and factual basis for the Part 70 draft license
conditions including references to the applicable statutory or regulatory
provisions. The Department will send this statement to any person who requests
it.
L.
EPA Comment
Period
(1) Except for Part 70 License
Transfers, Section 502(b)(10) Changes and Part 70 Administrative Revisions, the
Department will provide a copy of the Part 70 draft proposed license and any
additional supporting documentation to EPA for a 45-day review period. The
Department will also provide to EPA a statement that sets forth the legal and
factual basis for the Part 70 draft proposed license conditions including
references to the applicable statutory or regulatory provisions.
(2) Upon receipt of a Part 70 draft proposed
license or at the time of the Department's explanation for any refusal to
accept affected state's comments, whichever is later, if EPA determines the
Part 70 draft proposed license is not in compliance with any Applicable
requirement or with 40 C.F.R. Part 70, including 40 C.F.R. §
70.8(c)(3),
the EPA has 45 days to object in writing to the issuance of the Part 70 draft
proposed license by the Department.
If EPA submits an objection to the Department, the Part 70
draft proposed license will not be issued by the Department. The objection
shall include a statement of the EPA's reasons for objection and a description
of the terms and conditions that the Part 70 license must include to respond to
the objection. EPA shall send the applicant a copy of the objection pursuant to
40 C.F.R. Part 70.8(c)(2) . The Department will have 90 days to revise the Part
70 draft proposed license.
(3) If the Department fails to revise and
submit a Part 70 draft proposed license within 90 days after the date of an
objection under this subsection in response to the objection, the EPA will
issue or deny the Part 70 license in accordance with the requirements of the
federal operating permit program promulgated under Title V of the
CAA.
M.
Public
Petition to the EPA
(1)
General. If the EPA does not object in writing within 45 days of
receipt of the Part 70 draft proposed license and supplementary information,
any person, including the applicant may petition the EPA in writing within
60calendar days after the expiration of the 45-day review period to make an
objection.
Any petition shall be based only on objections that were
raised with reasonable specificity during the public comment period provided in
subsection 2(K) of this Chapter, unless the petitioner demonstrates to the EPA
that raising such objections within the public comment period was impractical
or that the grounds for objection arose after the public comment period.
(2)
Procedures. If
the EPA objects to the Part 70 license after the EPA's 45-day review period as
a result of a public petition pursuant to this subsection, the following
procedures apply:
(a) The petitioner must
identify in writing all objections in the public petition;
(b) The petitioner must provide a copy of the
public petition to the Department and to the applicant; and
(c) If the Part 70 license was not issued,
the Department will not issue the Part 70 draft proposed license until the
EPA's objection resulting from the public petition is resolved; or, if the Part
70 license was issued after the end of the 45-day EPA review period but prior
to the subsequent EPA objection, the following provisions apply:
(i) The public petition does not halt the
effectiveness of the Part 70 license or its terms and conditions; and
(ii) The EPA will amend, terminate, or revoke
the Part 70 license for cause as prescribed by subsection 2(O) of this Chapter,
and the Department may thereafter issue a Part 70 license pursuant to
subsection 2(N) of this Chapter, that satisfies the EPA's objection. In any
case, the owner or operator of the Part 70 source will not be in violation of
the requirement to have submitted a timely and complete application.
(3)
Appeals. The public petition to EPA does not affect the terms and
conditions of a Part 70 license issued by the Department, or the finality of
the Department's action for purposes of an appeal under the Maine
Administrative Procedure Act, 5 M.R.S. §§ 11001-11008.
N.
Reopening of a Part 70
License for Cause by the Department
(1)
The Department will have the authority to reopen and amend, terminate, or
revoke for cause and to reissue the Part 70 license as a renewal of a Part 70
license for reasons as stated in subsection 3(E)(7)(a) (vii) of this
Chapter.
(2) A reopening will not
be initiated by the Department before a written notice of such intent is
provided to the owner or operator of the Part 70 source and to any person who
submitted written comments on the license application at least 30 calendar days
in advance of the date that the Part 70 license is to be reopened, or within 10
calendar days if necessary to protect public health, safety, and
welfare.
(3) The procedures to
reopen for cause of a Part 70 license and to reissue the Part 70 license will
comply with the same requirements as they apply to the renewal of a Part 70
license, pertain only to those parts of the Part 70 license for which cause to
reopen exists, and will proceed as expeditiously as practicable.
O.
Reopening of a Part 70
License for Cause by EPA
(1) If EPA
finds that cause exists to terminate, amend, or revoke and reissue a Part 70
license for reasons as stated in subsection 3(E)(7)(a) (vii) of this Chapter,
EPA will notify the Department and the licensee of such findings in
writing.
(2) Within 90 days of
EPA's written notification, the Department will send EPA a proposed
determination of termination, modification, or revocation and reissuance, as
appropriate. In the event additional information is needed from the licensee,
the Department may request from EPA a 90-day extension to resolve the EPA
objection.
(3) EPA will review the
proposed determination from the Department within 90 days of receipt.
(4) The Department will have 90 days from the
receipt of EPA's notification of objection to resolve the objection that EPA
makes and to terminate, amend, or revoke and reissue the Part 70 license as
prescribed by subsection 2(N) of this Chapter.
(5) If the Department fails to resolve the
objection, EPA will revise, terminate, or revoke the Part 70 license, after
taking the following actions:
(a) Providing at
least 30 days' notice to the licensee in writing of the reasons for any such
action. This notice may be given during or after the procedures in 1 and 2 of
this section.
(b) Providing the
licensee an opportunity for comment on EPA's proposed action and an opportunity
for a hearing.
P.
Transmittal of the Part 70 License
and Amendments to the EPA
The Department will submit to the EPA a copy of all Part 70
licenses, license transfers, 502(b) (10) changes, administrative revisions, and
amendments upon issuance.
Q.
Effective Date of a Part 70
License
Unless otherwise indicated as a condition of the Part 70
license, a Part 70 license granted by the Department is effective when the
Commissioner or the Commissioner's designee signs the Part 70 license. A Part
70 license granted by the Board of Environmental Protection is effective when
the BEP chair signs the license.
R.
Term of a Part 70 License
Each renewal of a Part 70 license or initial Part 70 license
issued by the Department has a term of five years from the date of
issuance.
S.
Expiration of a Part 70 License
If a complete renewal application as determined by the
Department, is submitted at least six months but no more than 18 months prior
to expiration, then pursuant to 5 M.R.S. §10002, the license does not
expire and all terms and conditions of the Part 70 license remain in effect
until the Department takes final action on the renewal of the Part 70 license.
Licenses in effect under this provision may also be modified prior to a renewal
issuance. The provisions of this subsection do not bar enforcement action
pursuant to 5 M.R.S. §10004, 38 M.R.S. §349 or any other applicable
statutes.
An existing source submitting a timely and complete renewal
application under this Chapter will not be in violation of operating without a
Part 70 license.
Failure to submit a timely and complete renewal application
renders the license expired and the owner or operator is considered to be
operating and maintaining an air contamination source without a Part 70 license
from the Department, in violation of this Chapter.
T.
Source Obligation
Approval to construct a new source or modification, or an
exemption pursuant to subsection 1(D) of this Chapter does not relieve any
owner or operator of a source from the responsibility to comply fully with any
Applicable requirements and state requirements.
U.
Public Access to Information and
Confidentiality
As a general rule, all information and data submitted in an
application for a Part 70 license is available upon request for public
inspection and copying. Any exception to this general rule will be governed by
the provisions of the Freedom of Access Law, 1 M.R.S. §401
et
seq., as amended. Information for which the applicant seeks
confidential status shall be conspicuously identified in a separate document
and submitted to the Department for a determination that one or more of the
criteria of 1 M.R.S. §402(3) with respect to the exemptions from the term
"public records" was met. Such information will be stored separately in
accordance with procedures developed by the Department. Public records include,
but are not limited to, the following:
(1) Information concerning the nature and
extent of the emissions of any air contaminant by a source; and
(2) Information submitted by the source with
respect to the economic, environmental, and energy impacts of various control
options in the determination of the control technology requirements.
In the case where a source has submitted information to the
Department under a claim of confidentiality, the Department may also require
the source to submit a copy of such information directly to EPA.
The contents of a Part 70 license shall not be treated as
confidential.
At reasonable times and location, the Department will provide
for the inspection of public records. Charges for copying will reflect the
costs to the Department, and payment shall be made to the Maine Environmental
Protection Fund.
V.
Inspections to Verify
Information
Employees and authorized representatives of the Department
shall be allowed safe access to the licensee's premises during business hours,
or any time during which any emissions units are in operation, and at such
other times as the Department deems necessary for the purpose of performing
tests, collecting samples, conducting inspections, or examining and copying
records relating to emissions.
W.
Replacement of Air Pollution Control
Systems
If a licensee is proposing to replace an existing air
pollution control system, including the replacement of burner systems, the
licensee must obtain a license amendment pursuant to 06-096 C.M.R. ch.
115.
X.
Licensing of
HAP Sources
Pursuant to 38 M.R.S. §585-B, the Department may
control HAP emissions by adopting emission limits, design, equipment, work
practices, or operational standards for activities emitting hazardous air
pollutants if no ambient air quality standards have been established for those
pollutants.
Y.
Modifications of Part 70 HAP Sources
Sources applying for a new Part 70 HAP source, a modification
or reconstruction of a Part 70 HAP source which is not currently subject to a
HAP emission limitation, and which sources are not Part 70 major sources, will
be reviewed only under the New Source Review section of 06-096 C.M.R. ch.
115.
Z.
Computation
of Time Period
"Days" are calendar days unless otherwise designated.
"Working days" excludes Saturdays, Sundays, holidays observed by the State of
Maine, and any other day State of Maine offices are closed for business. In
computing any period of time prescribed or allowed by this Chapter, the day of
the act or event that starts the period is not included. The last day of the
period so computed is included unless it is not a working day or the office at
which the filing must be made is closed for business for that day, in which
event the period runs until the close of business (5:00 p.m.) the next full
working day. Whenever a person has the right or is required to take some action
within a prescribed period of time after filing of notice or other paper and
the notice or paper is provided by U.S. mail, three (3) days will be added to
the prescribed period. This "3-day rule" does not affect any date-certain
deadline established by the Department.
